Employment Law for Business 6th Edition by Dawn Bennett Alexander ,Laura Hartman

Exercise 12

An accounts receivable supervisor was laid off by her employer after taking an extended disability leave for pregnancy. She claimed that the employer discriminated against her on the basis of sex and ability to bear children, stating that two male employees were retained and her replacement was childless, 40-year-old unmarried female. She files suit, alleging gender discrimination. The employer said it was a legitimate layoff. What should the court consider in determining whether the employer's argument is true? ( Leahy v. Singer Sewing Co., 694 A.2d 609 (N.J. Super. 1996)).